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Federation of Ontario Law Associations
  • Home
  • About
    • FOLA Executive
    • Law Associations
    • Ont. Courthouse Libraries
    • Member Rewards
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    • Contact Us
  • Issues & Submissions
    • OPEN CONSULTATIONS
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    • Compliance Entity Regs
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    • Criminal Law
    • Dialogue on Licensing
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    • Legal Aid
    • LAW SOCIETY OF ONTARIO
    • MAG
    • MINISTRY OF FINANCE
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  • News & Events
    • FOLA Plenary - SPRING 23
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LEGAL AID

CONSULTATION: RISK LEVEL DETERMINATION & RISK MANAGEMENT FOR COMMUNITY LEGAL CLINICS & STUDENT LEGAL SERVICES ORGANIZATIONS

CONSULTATION: RISK LEVEL DETERMINATION & RISK MANAGEMENT FOR COMMUNITY LEGAL CLINICS & STUDENT LEGAL SERVICES ORGANIZATIONS

CONSULTATION: RISK LEVEL DETERMINATION & RISK MANAGEMENT FOR COMMUNITY LEGAL CLINICS & STUDENT LEGAL SERVICES ORGANIZATIONS

LAO is consulting about risk level determination and risk management for community legal clinics and student legal services organizations on the following draft policy: 

  • Risk Level Determination and Risk Management for Community Legal Clinics and Student Legal Services Organizations. 

The consultation is open from Sept. 14 to Oct. 26, 2022.  LAO will also be conducting two town hall meetings during this period where LAO will answer any additional questions.  


 To find out more about the consultation, how to participate, and to read the draft policy, visit LAO's consultation website.  

LAO'S CONSULTATION WEBSITE

ROSTER RULES - 2022

CONSULTATION: RISK LEVEL DETERMINATION & RISK MANAGEMENT FOR COMMUNITY LEGAL CLINICS & STUDENT LEGAL SERVICES ORGANIZATIONS

CONSULTATION: RISK LEVEL DETERMINATION & RISK MANAGEMENT FOR COMMUNITY LEGAL CLINICS & STUDENT LEGAL SERVICES ORGANIZATIONS

On August 10, 2022, LAO released an update to its Rules regarding Minimum Roster Standards. The update is highlighted on the LAO website here, as well as here. The new Rules are effective immediately.  The new Rules document, titled ‘LASA Rules – Amendment to Rules on Roster Standards’, can be found here.


List of materials Roster Members are expected to review and be familiar with as a condition of empanelment. 

LAO'S LASA 2020 RULES & POLICIES

CONSULTATION: RISK LEVEL DETERMINATION & RISK MANAGEMENT FOR COMMUNITY LEGAL CLINICS & STUDENT LEGAL SERVICES ORGANIZATIONS

JUDGE-LED INTENSIVE CASE MANAGEMENT COURT

The Legal Aid Services Act, 2020 (LASA), which governs legal aid in Ontario, was proclaimed on October 18 2021.  As such,  LAO has established rules & policies to manage & administer legal aid.


FOLA will be contributing to a joint submission by the Alliance for Sustainable Legal Aid (ASLA).


Learn more about specific Rules & Policy consultations here.


FOLA's Submission to LAO re:  Minimum Requirements to be Authorized to Provide Legal Services by Area of Law

TLA's Submission

Refugee Lawyers’ Association of Ontario Submission

The Advocates' Society's Submission


BACKGROUND

Between April 21 and May 20, LAO asked for input and hosted meetings with FOLA (as a part of ASLA).  In one meeting, the Attorney General was also present.  FOLA also attended a few meetings with ASLA to coordinate a group Submission.  FOLA also prepared our own Submission (both of which are below)


FOLA'S SUBMISSION


PROVINCIAL LAW ORGANIZATION SUBMISSIONS

ASLA'S Submission

The Advocates Society's Submission

Mental Health Legal Committee's Submission

Family Lawyers Association's Submission

Refugee Lawyers Association Submission

OBA's Submission

Joint submission of the CLA, FLA, FOLA, MHLC, and the RLAO re: Criminal Law & the Draft Rules


LAW ASSOCATION SUBMISSIONS

CCLA's Criminal Law Committee and Family Law Advisory Committee's Submissions


VISIT LAO's LASA PAGE

JUDGE-LED INTENSIVE CASE MANAGEMENT COURT

ABORIGINAL JUSTICE STRATEGY CONSULTATION REPORT (PART 1)

JUDGE-LED INTENSIVE CASE MANAGEMENT COURT

Legal Aid Ontario (LAO) is supporting the new Judge-Led Intensive Case Management Court (JICMC) with time-limited certificates for accused people without retained counsel whose matters are more than twelve months old and who have had their cases adjourned to the JICMC. 


LEARN MORE HERE

ABORIGINAL JUSTICE STRATEGY CONSULTATION REPORT (PART 1)

ABORIGINAL JUSTICE STRATEGY CONSULTATION REPORT (PART 1)

ABORIGINAL JUSTICE STRATEGY CONSULTATION REPORT (PART 1)

"Relationships First, Business Later" 

Aboriginal Justice Strategy consultation report: Part 1


In 2019, the Aboriginal Justice Strategy (AJS) at Legal Aid Ontario (LAO), commenced province-wide consultations with Indigenous communities, stakeholders and service providers about the direction that the AJS should be taking in its next phase of development.


At that time, the AJS was not able to conduct consultations with Nishnawbe-Aski Legal Services Corporation (NALSC) and/or with any of the communities within the Nishnawbe

Aski Nation (NAN) territory.


In October of 2019 and as a result of the consultations that were conducted in 2019, outside of the NAN territory, the AJS drafted the report: “Relationships First, Business Later”.


As a result of the ongoing Pandemic and an inability to determine when in-community consultations within the NAN territory will be able to commence, LAO and the AJS made a decision to release the findings of the initial consultations that were conducted outside of the NAN territory. These findings have been released as “Relationship First, Business Later: PART I”.

DOWNLOAD REPORT

LAW SOCIETY OF ONTARIO

ABORIGINAL JUSTICE STRATEGY CONSULTATION REPORT (PART 1)

ABORIGINAL JUSTICE STRATEGY CONSULTATION REPORT (PART 1)

REPORT: An Abiding Interest: Implementation Update – June 2021

The report provides an update on the Law Society of Ontario’s involvement in legal aid after Convocation adopted the 2018 Report of the Legal Aid Working Group: An Abiding Interest. 



CALL FOR INCREASED FUNDING

LAO TARIFF & BILLING CONSULTATIONS

SECOND CHAIR MENTORING PROGRAM

In light of the COVID-19 Pandemic, FOLA, through ASLA, called on the Attorney General of Ontario to support an increase in funding to Legal Aid Ontario.  We also sent a letter to the federal Minister of Justice requesting funding for Refugee Legal Aid.  


ASLA Letter to the AG

ASLA Letter to the  Federal Justice Minister


Due to the impact lower interest rates have had on the Law Foundation and the subsequent funding shortfall to LAO's budget, also as a result of COVID-19, on Aug 20, FOLA also sent a letter to the Federal Minister of Justice.


FOLA letter to the federal Justice Minister

Minister of Justice (Canada)'s response email to FOLA 

SECOND CHAIR MENTORING PROGRAM

LAO TARIFF & BILLING CONSULTATIONS

SECOND CHAIR MENTORING PROGRAM

Legal Aid Ontario has expanded its “second chair” mentoring program to better assist the professional development of private bar lawyers working on legal aid cases. 


Previously, mentees could not work at the same firm as their mentors. Now, a pilot expansion of the program will permit in-firm mentorship of lawyers from equity-seeking groups. Additionally, LAO will endeavour to match mentees with mentors based on identification, location and area of law, if requested. 


Click here for full details of LAO’s expanded second chair program that includes links to further information and relevant forms on LAO’s web site.  


Any follow up questions can be directed to secondchair@lao.on.ca.

Learn more

LAO TARIFF & BILLING CONSULTATIONS

LAO TARIFF & BILLING CONSULTATIONS

LAO TARIFF & BILLING CONSULTATIONS

LAO has announced that they are doubling compensation for bail hearings for block fee and tariff matters in recognition of longer bail hearings during COVID-19 (Feb 2, 2021)


Updating the way LAO pays lawyers is an important part of LAO’s Modernization program that aims to modernize Ontario’s legal aid system.


To this end, LAO held consultations in early 2021 according to area of law and Legal Aid Ontario prepared consultation decks to help guide the discussion. The areas of law are: Criminal; Family and Child Protection; Immigration & Refugee; and Mental Health Law. 

CONTINUING LEGAL AID ISSUES

ENHANCED LAO SERVICES FOR IMMIGRATION DETAINEES

LAO TARIFF & BILLING CONSULTATIONS

As you may be aware, FOLA is a member of the Alliance for Sustainable Legal Aid.  Meetings are held frequently (including during the pandemic) and if you'd like to jump to our pre-Covid-19 related content regarding legal aid, click here.


 FYI - For LAO's most recent data showing the racial make-up of clients who use certificate services, click here.

PRE-COVID LEGAL AID WORK

ENHANCED LAO SERVICES FOR IMMIGRATION DETAINEES

ENHANCED LAO SERVICES FOR IMMIGRATION DETAINEES

ENHANCED LAO SERVICES FOR IMMIGRATION DETAINEES

Legal Aid Ontario has launched a new program that uses both private practice and LAO staff lawyers to provide legal representation to all unrepresented immigration detainees in their detention review hearings.


The Immigration Detention Representation Program (IDRP) is a free service available to anyone in immigration detention in Ontario who would like representation in a detention review hearing. No application in advance is necessary.

Learn more

SPECIAL NOTICES: LEGAL AID ONTARIO AND COVID-19

INCREASED / NEW COVERAGE FOR CONSENT AND CAPACITY BOARD APPEALS

INCREASED / NEW COVERAGE FOR CONSENT AND CAPACITY BOARD APPEALS

INCREASED / NEW COVERAGE FOR CONSENT AND CAPACITY BOARD APPEALS

Effective June 23, 2020 LAO will be making changes to its certificate coverage for CCB appeals. 

 

LAO will be offering an additional ten (10) hours to the current 25 hours allocated on the CCB appeal tariff (excluding hearing time). This increases the total coverage on the certificate to 35 hours. Any existing CCB appeal certificate with an opinion certificate issued on or after March 13 is eligible for an additional 10 hours.


LAO will be introducing a new 10‑hour certificate for motions for emergency/urgent CCB treatment orders held in superior court. This coverage is effective immediately.

READ NOTICE

REGIONAL CONTACT LIST FOR LAO STAFF

INCREASED / NEW COVERAGE FOR CONSENT AND CAPACITY BOARD APPEALS

INCREASED / NEW COVERAGE FOR CONSENT AND CAPACITY BOARD APPEALS

Below is a link to the regional contact list for LAO staff.  This list may be published and/or distributed to permit members of the private bar to reach LAO staff to facilitate bail matters on Monday. This list should not be considered the final word on the topic. It will be updated on a periodic basis. Updated lists will be distributed as they become available.   

DOWNLOAD LIST

EMERGENCY CERTIFICATE COVERAGE FOR TEMPORARY ABSENCE PASSES

INCREASED / NEW COVERAGE FOR CONSENT AND CAPACITY BOARD APPEALS

TEMPORARY CHANGES TO LAO BILLING POLICIES IN RESPONSE TO COVID‑19

As part of LAO’s continuing response to COVID-19, lawyers will be able to apply for legal aid coverage on behalf of in‑custody clients requesting temporary absence permits. 


NEW APPLICATION PASSES HERE


Lawyers may immediately start work related to obtaining TAPs on your clients’ behalf, but you must submit an application, once available, to receive coverage. 


FOR MORE ON THE TAP PROGRAM, VISIT OUR CRIMINAL LAW PAGE

LEARN MORE

TEMPORARY CHANGES TO LAO BILLING POLICIES IN RESPONSE TO COVID‑19

TEMPORARY CHANGES TO LAO BILLING POLICIES IN RESPONSE TO COVID‑19

TEMPORARY CHANGES TO LAO BILLING POLICIES IN RESPONSE TO COVID‑19

As part of LAO’s emergency response to the COVID pandemic, lawyers will now be able to bill (as of July 26, 2020) Legal Aid Online for: 

COVID JPT  Myers (s.525) reviews

  

Further information may be obtained at: 

In briefs for lawyers


Other changes include extending billing deadlines, expanding criteria for exceptional circumstances, treating teleconference and video appearances as physical appearances, and allowing the option to bill a certificate as a block fee or by the hourly tariff.

LEARN MORE

LEGAL COUNSEL 3-WAY CALL DETECT ACCEPTANCE

TEMPORARY CHANGES TO LAO BILLING POLICIES IN RESPONSE TO COVID‑19

LAO’s FINANCIAL ELIGIBILITY INCREASE FOR 2020

The Ministry of the Solicitor General has worked with its vendor to enhance the current Offender Management Telephone System (OTMS) to allow inmates to access both collect calls and “debit” calling.


Whereas the old system only allowed for collect calling (which does not allow for calls to cell phones), under the enhanced system, debit calling is enabled and funded by the ministry. Debit calling allows for calls to cell phones.

LEARN MORE & DOWNLOAD FORM

LAO’s FINANCIAL ELIGIBILITY INCREASE FOR 2020

TEMPORARY CHANGES TO LAO BILLING POLICIES IN RESPONSE TO COVID‑19

LAO’s FINANCIAL ELIGIBILITY INCREASE FOR 2020



On April 1, 2020, Legal Aid Ontario (LAO) is raising the eligibility threshold by six per cent for its certificate program and for clinic law services.



TO JUMP TO OUR NON-COVID-19 EPIDEMIC INFORMATION, PLEASE CLICK HERE

LEARN MORE

LAWYER INMATE UPDATE

CHANGES TO SUMMARY LEGAL ADVICE SERVICES AT LAO DUE TO COVID-19

CHANGES TO SUMMARY LEGAL ADVICE SERVICES AT LAO DUE TO COVID-19

In response to the COVID-19 pandemic, lawyers across Ontario may, temporarily, apply for legal aid on behalf of clients that are in custody, when clients cannot.


Apply below or for further information please contact LAO’s Lawyer Service Centre at 1-866-979-9934  or visit: Legal Aid Online.  

APPLY NOW

CHANGES TO SUMMARY LEGAL ADVICE SERVICES AT LAO DUE TO COVID-19

CHANGES TO SUMMARY LEGAL ADVICE SERVICES AT LAO DUE TO COVID-19

CHANGES TO SUMMARY LEGAL ADVICE SERVICES AT LAO DUE TO COVID-19

Effective march 24, 2020, as part of Legal Aid Ontario's response to the COVID-19 pandemic, they are working to offer more resources to clients through the telephone and online.

LEARN MORE

NOTICE: CHANGES TO LAO PROCESSES DUE TO COVID-19

CHANGES TO SUMMARY LEGAL ADVICE SERVICES AT LAO DUE TO COVID-19

NOTICE: CHANGES TO LAO PROCESSES DUE TO COVID-19

Effective as of end of day on Friday, March 20, 2020, LAO has stopped all in-person staff and per diem services in the courthouses across the province until further notice. They will be using their normal system of staff and per diems for all services done remotely. Certificates will still be available in the normal course. 

VISIT LAO WEBSITE

UPDATE ON BAIL BLOCK

EXPEDITED RATES FOR BAIL REVIEWS

NOTICE: CHANGES TO LAO PROCESSES DUE TO COVID-19

During the week March 16, of LAO announced that it will be temporarily re-instating the bail block to the private bar with certificates in order to respond to demand as a result of COVID-19. Details to follow. Panel lawyers should know that they can do bails (on certificates) and be paid per the former rules. 

VISIT LAO WEBSITE

EXPEDITED RATES FOR BAIL REVIEWS

EXPEDITED RATES FOR BAIL REVIEWS

EXPEDITED RATES FOR BAIL REVIEWS

LAO as a temporary and emergency measure to address the COVID pandemic will provide expedited transcript rates for bail reviews.   These expedited rates will be offered as an inherent disbursement on the billing portal. LAO hopes to have made the necessary changes to the billing portal by early next week.  Recall that LAO has recently, as a response to the COVID pandemic, waived any assessment of merit in issuing bail review certificates.  

UPDATE ON REMAND

EXPEDITED RATES FOR BAIL REVIEWS

EXPEDITED RATES FOR BAIL REVIEWS

During the week of March 16, LAO announced that, in order to ensure that those in remand are getting fair treatment and timely access to justice, LAO will no longer assess merit prior to granting bail review authorizations. 

VISIT LAO WEBSITE

CHAMPIONING SUSTAINABLE AND ADEQUATE LEGAL AID

FOLA has long believed that a sustainable, appropriately and adequately funded legal aid system is critical to the efficient, effective and just functioning of Ontario's justice system.  


Ontario has one of the best legal aid systems in the world, but it is far from perfect and FOLA is actively involved in a number of initiatives to make the system better for both low-income clients who use the system and the lawyers who utilize funding from Legal Aid. 


In light of the economic hardships created by the COVID-19 outbreak, the Alliance for Sustainable Legal Aid (ASLA) wrote to the Attorney General on April 28th request  support for additional  funding for Legal Aid Ontario (LAO) .  Read our letter here.


**LEGAL AID SERVICES ACT UPDATE**

In the Fall of 2019, FOLA's Legal Aid Committee met with the Alliance on Sustainable Legal Aid (ASLA) during our review phase of Bill 161.  Learn more about the review process on the Legal Aid Services Act.


Read  FOLA's submission regarding the review of the Legal Aid Services Act  - Sept 2019

Read FOLA's Legal Aid Summer 2019 Report

Read FOLA's Legal Aid Report to Plenary -May 2019

Take a look at the  Family Law Limited Scope Services Project May 2019 Plenary Presentation.


**C-75 BILLING UPDATE**

As you may know, a number of offences that used to be straight indictable are now hybridized, and there is a new maximum presumptive penalty of two years (up from six months) for most summary charges. As a result, LAO has made some billing changes:  

  • If there is a summary election on a previously straight indictable offence, the newly hybridized charges will be paid at the Summary II block fee rate.
  • The rates paid for the remaining block fees have not been changed. Charges that used to carry the presumptive penalty of  six months will still be paid at the Summary I block fee rate. Those paid at the Summary II block fee rate will continue to be paid as such.


Legal Aid Online updates to reflect Bill C-75 amendments to Criminal Code

Bill C-75 amendments to the Criminal Code of Canada include the hybridization of about 118 straight indictable offences, and standardization of a new maximum term of imprisonment for the majority of summary conviction offences to two years, less a day.  


Legal Aid Online has been updated to reflect the following changes

  • Adding “Summary Conviction” to the election dropdown menu on the account page for newly hybridized offences 
  • Newly hybridized charges will be paid at the Summary II block fee rate, if the election is to proceed summarily.  


Updates apply to certificates issued before and after September 19, 2019. 

LAO will not seek to recover overpayments for newly hybridized matters that proceed by summary conviction and that were billed as indictment prior to the Legal Aid Online updates.

Offences now exempt from block fees will remain so.


Block fees

Summary conviction block fee rates are based on the maximum term of imprisonment: where the maximum term was six months prior to C-75, the Summary I rate is payable; where it was greater than six months, the Summary II rate is payable. 


LAO recognizes that the amendments to the Criminal Code that standardize the maximum term of imprisonment for most summary conviction matters effectively eliminate the justification for two block fee rates. 

LAO will, in consultation with the bar, set a cost-neutral single block fee rate. Until this rate has been determined, summary conviction block fees will be paid at current rates.


Questions? Contact the Lawyer Service Centre at 1-866-979-9934. 


**UPDATE REGRADING FAMILY LAW LEGAL AID - FEBRUARY 2020**

As of February 3, 2020, LAO’s Family Case Management program is expanding to include:

  • family or domestic cases likely to cost more than $12,000, including fees and      disbursements;
  • child protection cases likely to cost more than $8,000, including fees and disbursements

This is in addition to helping lawyers manage costly and complex CYFSA‑extended society care matters likely to cost more than $8,000—the program’s previous focus.


The expanded program will ensure more family cases are eligible for budgets on costly cases and proceedings. Lawyers are to apply to the program if the hours under the tariff are not sufficient, and they predict that their budget will exceed $12K or $8K for family/domestic or child protection cases respectively.

Extended society care matters are eligible for case management where the certificate was issued prior to February 3, 2020. All other CYFSA and domestic family certificates issued on or after February 3 are eligible for case management.


The pilot will be evaluated after three years 


**UPDATE REGRADING REFUGEE LEGAL AID - AUGUST 2019**

Further to the federal government’s August 12, 2019 announcement of $25.7 million in one-time funding for immigration and refugee services, Legal Aid Ontario has restored services in these areas for the remainder of the fiscal year.


Legal aid coverage for immigration and refugee services has resumed at levels offered prior to April 15, 2019, when certain services were suspended. 


For Refugee Protection Division matters, while coverage remains the same, the way LAO authorizes it has changed for an interim period. LAO will now issue a Basis of Claim-alone certificate and a second nine-hour certificate for the RPD hearing. Clients who received a BOC preparation-only certificate between April 15, 2019 and August 16, 2019, are also be eligible for a hearing certificate.


This is very good news and allows LAO to restore immigration and refugee services for the remainder of the year, while they continue to advocate for stable funding.


Read Letter from NDP Leader on Legal Aid Refugee funding to the Canadian Association of Refugee Lawyers & the Refugee Lawyers Association of Ontario - July 2019.


**CHANGES TO  LAO's DISTRICT STRUCTURE & TO THE REGIONAL SERVICES DIVISION - SEPT 2019**

CLICK HERE

 

**IMPORTANT UPDATES TO THE CERTIFICATE POLICIES & PROGRAMS - JUNE 2019**

CLICK HERE


**CHANGES  TO LEGAL AID ONTARIO's FAMILY AND CRIMINAL DUTY COUNSEL PROGRAMS - JUNE 2019**

CLICK HERE


REVIEW OF THE LEGAL AID SERVICES ACT

Over the summer of 2019, FOLA, as part of the Alliance for Sustainable Legal Aid  (ASLA) reviewed the Legal Aid Services Act (LASA) and we continue to monitor this file.

LEARN MORE HERE

READ OUT SUBMISSION HERE


CALL FOR COMMENT – SHORT-TERM PRO BONO LEGAL SERVICES RULES

In the spring of 2019, the Law Society sought input on proposed amendments to the lawyers’ Rules of Professional Conduct, which would extend the modified conflict of interest standard in the short-term pro bono legal services rules to Legal Aid Ontario lawyers, who provide short-term pro bono legal services.


They also sought input on whether the short-term pro bono legal services rules should be expanded to include other not-for-profit service providers. Currently, only lawyers who provide services through a Pro Bono Ontario program are exempt from performing conflict of interest searches when providing pro bono services.


Read the Consultation paper


You can read FOLA's submission here.

You can read TLA's submission to the LSO Professional Regulation Committee here.


FOLA's Legal Aid Committee & ASLA

FOLA has an active Legal Aid Committee, currently chaired by FOLA executive member Terry Brandon, and is involved with the Alliance for Sustainable Legal Aid (ASLA) which has been the primary vehicle for interested legal organizations to lobby for more funds to service more of the population.  


In the April 2019 Ontario Budget, Legal Aid funding cut nearly 30% ($133 million).  It was also announced that the organization could no longer use provincial funds for refugee and immigration cases.


FOLA is working aggressively with all ASLA members to ensure that these cuts do not impact front line services.  Together, we have written formal letters requesting meetings with the Attorney General of Ontario (one letter regarding the cuts in general and one letter regarding the cuts to refugee funding), the federal Minister of Justice, and the Chair of Legal Aid Ontario.  Updates will be forthcoming.

​​​​​​​The members of ASLA are:

  • Association of Community Legal Clinics of Ontario
  • County and District Law Presidents’ Association 
  • Criminal Lawyers Association 
  • Family Lawyers Association 
  • Law Society of Upper Canada
  • Ontario Bar Association
  • Refugee Lawyers Association 
  • The Advocates’ Society 
  • Mental Health Legal Committee


Legal Aid Deficit

In December 2016, FOLA and other stakeholders learned that Legal Aid Ontario was facing a $26 million deficit as a result of higher than anticipated up-take on the expanded services first introduced in 2015. FOLA responded to this news in which we expressed our concern with this development and with the potential impact it might have to clients and to the certificate-bar system in Ontario.  

The Attorney General also commissioned a review of Legal Aid to determine if there were steps to take to avoid the same problems in the future.  The results of this review can be found at this link.  


Looking forward, FOLA will continue to work with Legal Aid Ontario and other stakeholders to strive for an adequately funded legal aid system that maintains the private bar at the centre of the legal aid system.  This means we will continue to work through ASLA and undertake our own advocacy efforts. 


The relationship between the Private Bar and Legal Aid Ontario

​The relationship between the private bar and Legal Aid Ontario has, over time, been a fractious one, but FOLA has attempted to take constructive steps to improve this relationship and to ensure the avenue of communication is always open between LAO and the bar.  At nearly every Plenary meeting, LAO participates in panel discussions; FOLA regularly provides updates on LAO activities to its members; and, if problems arise, FOLA engages with senior executives of LAO to address issues and find solutions.  


FOLA also strives to invite LAO representatives to its bi-annual plenary meetings as often as possible to facilitate an ongoing dialogue between LAO and the practicing bar.


If members of the private bar encounter specific problems or issues with LAO, they are encouraged to contact Katie Robinette, Executive Director (katie.robinette@fola.ca) directly so the issues can be dealt with quickly.  

LEGAL AID ONTARIO CLIENT PORTAL AND OTHER LINKS

Here are some handy links from Legal Aid Ontario (LAO).

  • Process for counsel in-court certificate applications Lobbying for Sustainable Legal Aid Funding 
  • For criminal lawyers 
  • Lawyer court application for in-custody accused
  • Legal Aid Ontario - Auditor General's Report - 2018
  • Federal Budget 2022 - Legal Aid & Justice Commitments

LAO Portal

LEGAL AID SERVICES RULES

DRAFT MINIMUM EXPERIENCE STANDARDS

DRAFT MINIMUM EXPERIENCE STANDARDS

DRAFT MINIMUM EXPERIENCE STANDARDS

LAO is in the process of implementing both Legal Aid Services Act, 2020 (which was proclaimed into law in the Ontario provincial legislature this past October) and the new Legal Aid Services Rules. 


As part of this process, from Dec. 13, 2021, to Jan. 24, 2022, LAO will be consulting with justice partners in Ontario on the draft minimum experience standards.  


This will be LAO’s first consultation on a proposed Rule change. The consultation will follow LAO’s Public Consultation Policy under section 33 of the new Act, dealing with consulting with the public, including clients and service providers, prior to changing a Rule or Policy. 


The minimum experience standards are the minimum requirements that prospective roster (formerly panel) members must meet to join our roster and to be eligible to provide legal aid certificate and duty counsel services in specific areas of law.

  

Visit LAO's website for details about the consultation process, the accompanying materials and information on participating in any of the town halls they will be holding.  You may also participate by offering written submissions.  


If you have any questions regarding this, please email David McKillop at mckilld@lao.on.ca.  

LEARN MORE

RULES & POLICIES

DRAFT MINIMUM EXPERIENCE STANDARDS

DRAFT MINIMUM EXPERIENCE STANDARDS

In accordance with LASA, 2020, Rules developed by Legal Aid Ontario (LAO) now govern the administration of legal aid in the province. This advance enables LAO to modernize and streamline its operational structure, increasing efficiency, and continually improve service.


View or download the document containing all Rules and supplementary information.


Alongside each new rule are Policies that provide direction, limits, and guidance for how the rule will be applied. These Policies are listed below. They have been approved by LAO’s Board of Directors. If LAO is going to propose changes to these Policies in the future, it will do so following the process set out in the Legal Aid Ontario Public Consultation Policy made under section 33 of LASA 2020.


FOLA will be contributing to a joint submission led by the Alliance for Sustainable Legal Aid (ASLA).

VISIT RULES & POLICIES SITE

STAY INFORMED - LAO UPDATES

DRAFT MINIMUM EXPERIENCE STANDARDS

STAY INFORMED - LAO UPDATES

Legal Aid Ontario (LAO) continues its commitment to engage in public consultations to better understand the needs of our clients and enhance service delivery.  


LAO consults about different topics, in a variety of ways. A small percentage of LAO’s overall consultation and engagement activities are about proposed Policy or Rule changes. Those consultations will be clearly identified as such because they must meet specific requirements set out in the Legal Aid Ontario Public Consultation Policy, written in keeping with s. 33 of the Legal Aid Services Act, 2020.


Notices of consultations about proposed Policy or Rule changes, as well as other types of LAO consultations, will be posted at legalaid.on.ca. Individuals and organizations can now also subscribe to the LAO Consultation Registry to receive email alerts about upcoming consultations.  

LEARN MORE & SUBCRIBE

LEGAL AID SERVICES ACT - REVIEW

REVIEW OF THE LEGAL AID SERVICES ACT


2020 CONSULTATIONS - CLINICS

With the recent passing of the Legal Aid Services Act, 2020, LAO must now implement a clear framework for the delivery of legal aid services by community legal clinics serving communities throughout Ontario. The new framework is an important part of LAO’s Modernization Project, which aims to update and modernize the legal aid system and allow them to be more responsive to community needs. 


LAO is seeding input as they develop the new framework for the delivery of legal aid services by clinics to ensure continuity of services to clients when the new legislation comes into force, and to build a foundation for continuous improvement and enhancement going forward.  

 

LAO's goal is to receive the best information and advice to inform LAO’s work in establishing a legal aid system that best serves their clients, in accordance with our mandate and accountability under the Legal Aid Services Act, 2020 (LASA 2020). The perspectives of clinics, who have long served some of our most vulnerable clients, are vital to this process. 


Please visit the LAO Website for information on consultations, as well as initial clinic modernization consultation materials and ways to participate in this first phase of consultation.   


On August 15, 2019, FOLA attended three Rountables Chaired by Legal Aid Ontario Chair Charles Harnick.  The first meeting was on Criminal Law Legal Aid, the second was on Immigration and Refugee Legal Aid, and the third was on Family Law Legal Aid.   All were to discuss the Legal Aid Modernization Project and the Legal Aid Services Act Review.


You can access our report on those meetings (plus a recap of a meeting with the Attorney General of Ontario on August 14, 2019) here.


On September 10, 2019,  FOLA presented our submission regarding the review of the Legal Aid Services Act to the Attorney General of Ontario, the Chair of Legal Aid Ontario, the Law Society of Ontario, and the Chair of the Alliance for Sustainable Legal Aid. You can read that submission here.


FOLA will continues to meet with  the Alliance for Sustainable Legal Aid  (ASLA) in advance of government legislation to amend the Act.  We also continue to enjoy open dialogue with the Minister's office and Legal Aid Ontario.


CLICK HERE TO READ THE LEGAL AID SERVICES ACT


SUBMISSIONS

 FOLA’s SUBMISSION REGARDING THE REVIEW OF THE LEGAL AID SERVICES ACT

Mental Health Legal Committee Submission respecting review of Legal Aid Services Act

ASLA'S Submission regarding the review of the Legal Aid Services Act

OBA's Submission regarding the review of the LAO Modernization Project


Background

In its 2018 annual report, the Auditor General of Ontario recommended that the Ministry of the Attorney General work with Legal Aid Ontario (LAO) to conduct a comprehensive review of the clinic service delivery model and identify areas for improvement. The Ministry responded by agreeing to conduct a comprehensive review of the Legal Aid Services Act (the Act) and the service delivery model and identify areas for improvement, in consultation with LAO. This intention has been reiterated in the Attorney General’s April 12, 2019 letter to LAO’s CEO.



Changes to LAO's district structure

Legal Aid Ontario recently moved to a new District structure that very closely matches the Ontario Court of Justice (OCJ) judicial districts, except for the North where they now have one District while the OCJ has two.  This results in the total number of districts having been reduced from 10 to 6.  


The objective of the reorganization was to rationalize and realign the districts to improve the efficiency of services to clients, especially with regard to supporting staff and relationships with stakeholders and service providers.


The six (6) new Districts and their Directors General are:

  1. North District – Director General Andreas Asmus (includes the districts of Kenora, Rainy River, Thunder Bay, Cochrane, Algoma, Timiskaming, Parry Sound and Sudbury)
  2. West District –  Director General Kaitlyn McCabe (includes the  counties of Essex, Lambton, Chatham- Kent, Bruce, Grey, Huron, Perth, Oxford, Elgin, Middlesex, Wellington and Waterloo)
  3. Central West District – Director General Matthew Hammond (includes the  counties of Norfolk, Haldimand, Brant, Hamilton, Niagara, Halton, Peel and      Dufferin)
  4. Central East District – Director General Lisa Banerjee (includes the counties of Haliburton, Bracebridge, Peterborough, Coburg, Durham, Kawartha Lakes, Orillia, Newmarket, and Barrie)
  5. East District –  Director General Annik Wills (includes the  counties of Hastings, Lennox and Addington, Frontenac, Leeds and Grenville, Lanark, Renfrew, Ottawa and Carleton, Prescott and Russell, and Stormont, Dundas, and Glengarry)
  6. Toronto District – Director General Tom Kelsey (includes East York, Etobicoke, North York, Scarborough and Old Toronto)

These changes took formal effect on September 16, 2019 but the operational processes and systems necessitated by some of these changes will require some months to complete. 


There will be no disruption to the legal aid services that clients and service providers receive from LAO from these changes. The objective is that this realignment will be seamless in terms of LAO clients, service providers, justice partners and stakeholders.

INVITATION FROM LEGAL AID ONTARIO

LEGAL AID ONTARIO LAW ASSOCIATION OUTREACH

You may have already been contacted by Legal Aid Ontario, at the local level, to discuss implementation of recent changes at LAO. If you have not been contacted and would like to discuss the recent changes, please let FOLA know and we can facilitate a meeting for you and your members. 


Contact Katie at katie.robinette@fola.ca and put LEGAL AID ONTARIO in the subject line.

CHANGES TO LEGAL AID - CERTIFICATE POLICIES & PROGRAMS

JUNE 2019

LAO is changing the way they fund, provide and, manage legal services while ensuring their priority remains to provide quality frontline service to their clients.  Certificate policies and programs will be implemented in stages. Below is a summary of the changes announced on June 12, 2019:


Certificate acknowledgement and private bar duty counsel appearance fees

· LAO will no longer pay acknowledgement and appearance administrative fees for accepting certificate and duty counsel shifts. 

· For acknowledgement fees, this change takes effect June 12, and for appearance fees, June 26, 2019. 

· Certificate lawyers will continue to be paid by the hour or matter.


Payment terms 

You will now receive payment in 28 days instead of 14, which includes duty counsel accounts. Accounts where disbursements or discretion are requested will continue to be paid with the standard 60-day timeframe.


Criminal law 

· Certificate lawyers may no longer bill for bail hearings on block fees. On these matters, duty counsel will continue to be available to provide bail services. For more complex tariff cases, including those in LAO’s Big Case Management program and matters set for trial, certificate counsel may bill for bail hearings. 

· Meritorious bail reviews will be funded at 5 hours per bail review (instead of 10). Certificate counsel will also resume applying for authorization before proceeding on bail reviews. In 2015, LAO increased bail review coverage from five to 10 hours to encourage the private bar to bring more bail reviews and address over-reliance on onerous conditions of release. The additional hours did not result in increased bail review applications. 

· When using a publicly-funded Gladue report as part of sentencing submissions for Indigenous clients on tariff matters, lawyers will be allowed a 3-hour Gladue authorization (instead of 5). For block fees, lawyers will receive a Gladue “enhancement” based on approximately 3 hours of additional time, (instead of 5). 

· Lawyers representing clients with mental health issues, including at fitness hearings and mental health court, on block fee matters, will receive an “enhancement” for approximately 2.5 hours (instead of 5) for additional work that may be needed to represent these clients.

· Because of technological and legal advances, extra coverage for DNA sentencing submissions will no longer be available, and submissions can be covered under the current base tariff. The block fee base rate that includes DNA submissions will remain the same. 

· Criminal duty counsel will:

  • Prioritize clients with the highest risk 
  • Provide services to clients that are legally and financially eligible
  • Establish a framework for consistent services
  • Monitor, measure and adapt to any changing demand for duty counsel services
  • Work with stakeholders to effectively implement any changes


Family law 

· LAO will continue to provide full certificate coverage for people experiencing domestic violence, including motions to change and emergency advice. 

· Certificate counsel will no longer be able to bill for variations or motions to change where domestic violence is not an issue. Instead, duty counsel and family law service centres will, where available, perform these services, when possible.

· Counsel will be able to bill for up to two case conferences instead of multiple conferences.

· LAO will no longer issue certificates for independent legal advice relating to mediation or separation agreement certificates. Between 2015-16 and 2017-18, 60 percent of separation agreement certificates were unused, or required additional certificates or services. This figure was 70 percent for independent legal advice certificates for mediation, not fulfilling the certificates’ original intent.

· Legal assistance in child protection matters remain unchanged.

· Family duty counsel will 

Prioritize clients with the highest risk 

Provide services to clients that are legally and financially eligible

Establish a framework for consistent services

Monitor, measure and adapt to any changing demand for duty counsel services

Work with stakeholders to effectively implement any changes 


Mental health

· A modified merit test will now be applied to Ontario Review Board appeals ensuring meritorious cases continue to be funded, similar to the one introduced for Consent and Capacity Board appeals in 2017. We continue to provide funding for lawyers to represent psychiatric patients exercising their right of appeal in meritorious cases.

· LAO will continue to fund certificate lawyers for meritorious CCB and ORB appeals over the governing regular tariff: for ORB appeals, lawyers will be funded up to 35 hours (instead of up to 50) and for CCB appeals lawyers will be funded up to 25 hours (instead of up to 50).  

· Resources will be dedicated to services for psychiatric patients (instead of substitute decision makers)


Prison law

· Five hours of certificate coverage will be available for parole matters (instead of 10). This ensures clients have access to the services they need. Ontario is one of few provinces which provide these services. 

· Resources will be dedicated to services for prisoners to have access to statutory release by way of parole and to extraordinary remedy (instead of “faint hope” parole applications and “gating hearings”.


Other

· LAO staff will be determining eligibility for the test case program instead of an external committee

· LAO will be introducing more defined discretionary processes and criteria.


For questions or concerns about these changes, please do not hesitate to contact David McKillop at Legal Aid Ontario at mckilld@lao.on.ca.

ADDITIONAL DOCUMENTS

Legal Aid Modernization Project  - 2019

Find out more

CHANGES TO DUTY COUNSEL

On June 17, 2019, Legal Aid Ontario announced changes to the duty counsel program, effective July 7th.  Specific details as to what Family Program duty counsel will do/won’t do can be found here and the Criminal Program changes can be found here.

 

The central changes are as follows, though the detail is really in the service guides: 


  • Criminal duty counsel:      duty counsel will continue to serve in-custody      accused without financially testing as always, but will serve only      financially and legally eligible clients for out-of-custody accused.       Duty counsel won’t be providing dedicated courtroom services (ie staffing      courtrooms all day) except for bail court.  However, duty counsel      will continue to go into court (not trial courts, of course) to serve      legally and financially eligible clients.  
  • Family duty counsel: duty      counsel will assist clients with some aspects of Motions to Change, and      will provide in-court service to financially and legally eligible clients      in the Ontario Court of Justice and the Unified Family Court.  
  • Agency work: duty      counsel will provide routine agency work for lawyers on certificate      matters.

Downloads

FOLA's Response to Legal Aid Deficit (letter) -Jan 2017 (pdf)Download
Modifying the Charges Heard Separately Process (Notice) Nov 2017 (pdf)Download
Legal Aid Ontario CEO's response to FOLA's letter - Jan 2017 (pdf)Download
2019 Auditor General Report - Legal Aid Ontario (pdf)Download
ASLA Charles Harnick - April 29 2019 (pdf)Download
ASLA David Lametti - April 29 2019 (pdf)Download
ASLA Mulroney Refugee Funding Letter -April 29 2019 (pdf)Download
ASLA Mulroney - April 29 2019 (pdf)Download
TLA - LSO re amendments to pro bono rules May 2019 (pdf)Download
LSO Submission - Amendments to Conflict of Interest Rules - May 2019 - FOLA (pdf)Download
LAO Modernization Project - Terms of Reference - Final (pdf)Download
ASLA _ A Guide to Consideration of the Legal Aid Services Act (pdf)Download
Service Guide 2019 - FAMILY (pdf)Download
Service Guide 2019 - CRIMINAL (pdf)Download
Legal Aid Funding letter - Justice Minister - FOLA Aug 2020 (pdf)Download

Downloads

Cochrane Law Association (pdf)Download
CCLA Legal Aid Submission - FOLA 2019 (pdf)Download
Thunder Bay Law Association Letter to the AG - July 2019 (pdf)Download
Legal Aid System Modernization Project Consultation Questions (pdf)Download
.LAO Review - Terms of Reference (pdf)Download
Summary of client feedback (pdf)Download
Legal Aid Update - Aug 2019 - FINAL (pdf)Download
Legal Aid Services Act Review Submission - FOLA - Sept 2019 - WEBSITE (pdf)Download
MHLC submission to AG re LASA review Oct 2019 (pdf)Download
Jagmeet Singh NDP Leader letter re Legal Aid Refugee funding July 2019 (pdf)Download
ASLA letter LASA review Oct 29 2019 (pdf)Download
OBA-Submission-LAO-Modernization-Project (pdf)Download
LAO DC Email Contact List - March 23 v2 (pdf)Download
Letter to AG from ASLA- April 28 2020 - COVID (pdf)Download
Letter to MoJ from ASLA- April 28 2020 - COVID (pdf)Download

Downloads

Case Management DC Services External Stakeholders Info (pdf)Download
Tariff Consultations - Criminal Law Deck (pdf)Download
Tariff Consultations - Family and Child Protection Deck (pdf)Download
Tariff Consultations - Immigration and Refugee Deck (pdf)Download
Tariff Consultations - Mental Health Deck (pdf)Download
Minister of Justice - Response to FOLA Legal Aid Funding letter - Feb 2021 (pdf)Download
Expanded second chair pilot program March 2021 (pdf)Download
CCLA Family Law Group Submission - May 14 2021 (pdf)Download
CCLA LAO Draft Rules Submission - May 2021 (pdf)Download
ASLA submission re LAO draft rules LASA2020 (pdf)Download
FOLA LAO LASA Draft Rules submission - May 20 2021 (pdf)Download
The Advocates' Society Letter to LAO - May 20 2021 (pdf)Download
MHLC submission re LASA 2020 Rules (pdf)Download
FLA submissions re LASA 2020 Draft Rules_ (pdf)Download
OBA Submission - LAO Draft Rules under LASA 2020 - May 21-21 (pdf)Download

Downloads

RLA submission - May 2021 (pdf)Download
CLA FLA FOLA MHLC RLA joint submissions - Criminal Law (pdf)Download
Legal Aid Working Group - Abiding Interest update - June 23 2021 (pdf)Download
AJS-consultation-report-part-1-EN - 2021 (pdf)Download
HLA LAO Rules and Policies - letter to LAO - Nov 2021 (pdf)Download
HLA LAO Rules and Policies - letter to the AG - Nov 2021 (pdf)Download
FOLA Submission to Legal Aid Ontario 1.24.22 (pdf)Download
Refugee Assn Submission to Legal Aid Ontario 1.24.22 (pdf)Download
TKS Submission to LAO re minimum requirements (pdf)Download
The Advocates' Society Letter to LAO re Proposed Roster Standards - January 27 2022 (pdf)Download
Budget 2022 Legal Aid (pdf)Download
LASA Rules- Amendment to Rules on Roster Standards - August 10 2022 (pdf)Download
ALSA - Budget Letter - Canada - December 2022 - Final (pdf)Download

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